Pena

A jury convicted defendants, brothers Bobby Steven and Louie Oscar Pena, of attempted murder (Pen. Code, §§ 664, 187, subd. (a)), 1 two counts of assault with a firearm (§ 245, subd. (a)(2)), discharging a firearm from a motor vehicle (former § 12034, subd. (c)) and actively participating in a criminal street gang (§ 186.22, subd. (a)). The jury found that during the attempted murder a firearm was discharged (§ 12022.53, subds. (c) & (e)), during the assaults a principal was armed with a firearm (§ 12022.5, subd. (a)) and that the attempted murder, the assaults and the discharge of a firearm from a motor vehicle were committed for the benefit of a criminal street gang. Defendants appeal, contending that members of their family *947 should not have been excluded from the final portion of the trial, the jury was misinstructed on attempted murder and the gang substantive offenses and enhancements, insufficient evidence supports the gang substantive offenses and enhancements, and sentencing error occurred. We agree with defendants that the jury was misinstructed on the gang substantive offenses and enhancements and we reverse those convictions and findings. On agreement of…